The Gauhati High Court disposed of a bail application filed under Section 439 of the Cr.P.C. The Additional Public Prosecutor submitted that the charge sheet was laid within time. The court directed the petitioner to approach the lower court and dismissed the present petition.
Petitioner directed to seek bail from the learned court below.
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GAHC010109482021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1693/2021
JOINUL UDDIN S/O KAMAL UDDIN R/O VILL- JAGODISHPUR PART-IV, P.O. JAGADISHPUR, P.S. KATIGORAH, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR F A LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 08-11-2021
Heard Mr. SC Biswas, learned counsel for the petitioner. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of
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the accused-petitioner, namely, Joinul Uddin, in connection with Karimganj Police Station Case No. 412/2021 registered under Sections 22(C)/29 of the NDPS Act corresponding to GR Case No. 1131/2021.
Mrs. Borah, learned Additional Public Prosecutor has submitted that in the instant case, charge-sheet vide CS No. 383/2021, dated 30.07.2021 has been laid within the stipulated time for completion of investigation.
That being so, if so advised, the petitioner shall appear before the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit.
With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail in an NDPS case should be granted when the charge sheet has been filed within the stipulated time.
1 provisions across 1 enactments
Joinul Uddin
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
